Decision would hinge investigation of James: publicist

Theoren Fleury's decision to press charges against disgraced junior hockey coach and convicted sex offender Graham James is not written in stone.

A statement emailed to the Sun from the former Flame's publicist said moving forward will hinge on the outcome of ongoing investigation of James, who Fleury, in his new tell-all autobiography Playing With Fire, alleges sexually assaulted him when he played for the WHL's Moose Jaw Warriors.

"The legal team led by Calgary based lawyer Hersh Wolsh is working diligently through all the necessary steps and will advise Theoren Fleury on the situation in the weeks ahead," the statement said.

"Whether or not Fleury will press charges or if a lawsuit will be filed is still not as simple as a yes or no answer and the decision does not lie solely on the shoulders of Fleury.

"The investigation is ongoing and involves the police and our legal team."

The clarification from the Fleury camp comes a day after the New York Post quoted him as saying "That decision has been made," on filing criminal charges against James.

The former bench boss of the Warriors and Swift Current Broncos was sentenced to 42 months in prison in 1997 for sex assaults on ex-NHLer Sheldon Kennedy and another unidentified junior player.

Fleury is currently promoting his book in New York, where he spent three seasons with the Rangers, and was unavailable for comment yesterday (WED).

Calls to Wolsh were not returned.

Kennedy, once a teammate of Fleury's in both the junior ranks and NHL, said the onus is ultimately on the former Flames sniper to put James - believed to now reside in Montreal - back behind bars.

While heartened to hear James may potentially be back in police crosshairs, Kennedy questioned the delay and why a legal team need be involved.

"All a complaint is, is Theoren walking in and telling his story like he has for the last two months and then it's up to the police to lay the charges," said Kennedy, now a board member with the Canadian Society for the Investigation of Child Abuse.

"Especially in Theoren's case, he's put himself in the spotlight ... and all eyes are on him so it's even more important that he does the right thing.

"The way I look at it, the sooner we can get (James) off the street, the better."